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2002 Supreme(Kar) 532

G.C.BHARUKA, H.RANGAVITTALACHAR
KOTA CO-OPERATIVE AGRICULTURAL BANK LTD. – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
A.G.HOLLA, K.M.NATARAJ, K.SRINIVASA GOWDA

( 1 ) THE legal issue involved herein is of great relevance for day to day functioning of our judicial system and the right of the advocates to plead and argue the cases coming before the Courts; Because of certain controversy before the learned single Judge as to whether an advocate who has not filed Vakalatnama for a party in a case can appear,plead and argue for him without presenting a memo of appearance and obtaining express permission from the Court in terms of Rule 3 of Chapter V of the High Court of Karnataka Rule 1959 (in short the 'hc Rules' ).

( 2 ) THE learned Single Judge by his impugned order has taken the view that"when an Advocate who had filed Vakalatnama engaged the services of another Advocate to plead and argue his clients' case has to obtain the permission of the Court as contemplated under Rule 3 (1) and (2) of Chapter V of the High Court Rules and unless and until `kant32 such a permission had been obtained, he as a matter of right cannot engage the services of another Advocate to appear and argue for and on his behalf. That again he has to do by making out a reasonable cause thereto as contemplated under Rule 3 (1) of the said rules. "

( 3 ) IN order to set o



















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